COVID 19

Due to the ongoing concern regarding Covid 19, please be assured that as per our usual protocol we are taking necessary measures to ensure our premises is sanitary, ensuring all surfaces are cleaned and disinfected regularly. As a registered and insured home business we are following the highest standard of food hygiene and take this very seriously.

These terms form the basis of the contract between our customer and Silverleaf Cake Company. These Terms, your Order and your Order confirmation are considered by us to set out the whole agreement between you and us for the sale of cakes and bakes. It is your responsibility to check all details in the order confirmation are complete and accurate as this is the document we work to when completing your order. 

Basis of Sale 

Any samples, drawings, or descriptions we issue and any descriptions or illustrations contained on our website are issued solely to provide you with an approximate idea of the cakes they describe and remain the property of Silverleaf Cake Company. 

Quotations are valid for a period of 14 calendar days from the day of issue. Cake sizes quoted are in inches and are based on the diameter of the cake. Cakes are 4 – 5 inches deep as standard. If you would like a deeper cake this needs to be requested at the time of booking. 

No contract is made with you until we have received your booking fee. Once your booking fee has been received you are in a legally binding contract with Silverleaf Cake Company. 

The Cakes 

We warrant that on delivery or collection the products shall conform to their description as set out in the Order Confirmation, be of satisfactory quality and comply with all food safety, statutory and regulatory requirements in the UK. We will not be held responsible for customer disappointment of the design or the interpretation of the cake as long as it is made in line with the customer’s pre agreed requirements set out in the order confirmation and will face no consequent liability. It is the customer’s responsibility to ensure all details within the order confirmation and sketch are correct and meet their exact requirements. 

For Webshop purchases – we will not be held responsible for customer disappointment of the design or interpretation of the products on our website and will face no consequent liability. Website products are subject to change and as they are baked in an artisan kitchen, each bake will be unique.

From time to time certain ingredients or packaging materials may become obsolete. This is totally out of our control; however we will do our best to select replacement products to reflect the original design as closely as possible. We reserve the right to replace items with component parts of equal or better quality without consultation. 

Our products are freshly baked, containing no additives or preservatives and it is our right to

assume consumption on the day of delivery (within 5 days of postage). Bakes can be stored in an airtight container or frozen on day of delivery – for up to 3 months.

The warranty does not apply to any defect in the Cakes or Bakes arising from wilful damage, accident, negligence by you or any third party, if you use the cake in a way we do not recommend, your failure to follow our instructions or any alterations you carry out. 

Our cakes and bakes are made in an environment where nuts, egg, milk, gluten and other allergens are present. We cannot guarantee that any cake is entirely nut free although we make every effort to ensure that allergies are accommodated for.

If you have any allergies, it is your responsibility to make us aware – either during consultation, or on the notes section for online orders. 

All cakes are individual, and we do not aim to exactly replicate any. Where colour swatches are provided we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed. 

Non-Edible Items
Most cakes include and contain small inedible items. It is your responsibility to remove these prior to cutting and serving your cake. These items include, support dowels, ribbons, wires, flower picks plus more. You will be notified of each inedible items on your cake on collection.

Fresh flowers are not included in the price of any wedding cake design. If a wedding cake is to be dressed with fresh flowers these are to be provided by your florist. NB. Please note some flowers are not suitable for use as a cake decoration. Ask your florist for details regarding toxicity. We cannot be liable for any contamination to our food product that may arise from their misuse. We recommend that your florist liaise directly with us to confirm detail about the size of cake being dressed to avoid any miscommunication. 

If your cake is adorned with Sugar Flowers, whilst edible, we do not advise that they be eaten due to the possible presence of wires. All sugar flowers are handmade and whilst we try to capture the characteristics of a particular flower, we cannot guarantee a true likeness.

Stacked cakes contain dowels in each tier to provide support and these should be removed before consumption. 

Wedding and celebration cakes are a fresh product containing no additives or preservatives and it is our right to assume consumption on the day requested. Cakes should be stored in a dry place, at room temperature, away from direct sunlight and sources of heat in the box provided. They should NOT be refrigerated.  This will accelerate the staling of the flour and effect the icing condition, and will alter the taste. Keep in a dry cool room in the cake box and eat within 6 days.

Silverleaf Cake Company and the customer expressly agree that the cakes and all goods purchased from Silverleaf Cake Company remain the property of Silverleaf Cake Company until paid for in full. 

Delivery and Collection – Cakes

All orders may be collected free of charge from Silverleaf Cake Company by prior arrangement. We accept no responsibility for any damage sustained to the cake once it has left the premises. 

If delivery has been requested we will deliver the cake on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. Silverleaf Cake Company will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence. 

When delivering to a wedding venue, we will contact the venue in advance to arrange a mutually convenient time for delivery. If we set up the wedding cake we shall take a photograph of the cake before leaving and, where possible, obtain a signature from the venue confirming the cake has been received in good condition. Should the venue need to set up the cake themselves we shall explain how the cake is to be displayed and where possible obtain a signature to verify we have done so. Once the cake has been delivered we are unable to accept and liability for any damage sustained to the cake thereafter nor any failure to follow the instructions provided. 

Price and Payment – Cakes

The price of your cake will be as set out in your order confirmation. No VAT is payable on the cakes. A £100 booking fee is required for wedding cake orders to secure the date and 50% of the total cost on confirmation of design. A £25 booking fee is payable for celebration cakes. For Wedding Cakes a detailed order confirmation will be issued detailing the final balance and payment details. No further payment reminders will be sent and it is the responsibility of the client to ensure payment is on time. 

Please not all booking fees are non-refundable and non-transferable.

The balance must be paid in cleared monies no later than the date set out in the order confirmation by bank transfer, cash or payment by debit or credit card to the account specified. If paying by debit or credit card please allow 3 working days for payment to clear. Late payments will incur a £25 charge. 

If payment is not received by the date specified this shall be constituted as breach of contract by the client. We reserve the right to hold the order until payment is made in full. When payment is late we accept no responsibility should we be unable to purchase the required stock or equipment to make the cake as laid out in the order confirmation. In these circumstances the cake will be made as close to the order confirmation as possible with no redress or liability on Silverleaf Cake Company.

Webshop Prices

We reserve the right to revise the price of all webshop items without notice. Prices are as stated on the site. If we have inadvertently under-priced any products or are no longer able to supply a particular product for some reason, we will always contact you in the first instance to ensure the price or alternative is acceptable.

Webshop Descriptions

Pictures are of actual bakes made and sold by Silverleaf Cake Company and all descriptions are fairly described. This is a homebased business and as such, items may occasionally vary – weights, size and dimensions are approximate

Webshop Payments

Payments are accepted by credit or debit card via Stripe payment or PayPal.

No contract is made with you until we have received your payment. Once payment has been received you are in a legally binding contract with Silverleaf Cake Company. 

Webshop Delivery Charges

Postage and packaging to UK addresses is included in the price and sent via Royal Mail First Class. If you require Guaranteed Next Day or Signed for, additional charges will apply – as per Royal Mail charges. Please contact us in advance.

Webshop Dispatch & Delivery
Orders are normally despatched once per week – generally Monday or Tuesday. If you require them any sooner, please contact us and we will try to accommodate you. This is not guaranteed when our books are full as we also take customised cake orders.

All orders are despatched 1st Class Royal Mail and expected delivery is usually 1-2 days after despatch and are subject to the service provide by Royal Mail. Further details can be found on their website. Please allow extra time for date-specific packages – especially during peak holiday periods.

FULL VALID POSTCODES are required for every order. We cannot accept liability if you provide an incorrect address or postcode and subsequent failure for an order to arrive. Please ensure all delivery details entered on the order form are accurate

If dispatch is delayed due to any cause beyond our reasonable control, we will contact you to discuss and arrange an alternative.

Webshop Risk of Damage
As our boxes are posted directly through the letterbox, once the bakes have been delivered we are unable to accept any liability for any damage, loss or destruction sustained thereafter nor any failure to follow the instructions provided.

Risk of damage or loss passes to the customer on delivery of the goods.

Ownership

Goods supplied are not for resale.

Webshop Cancellation rights

Once your order has been accepted/confirmed and baked, you may no longer be able to cancel order, or postpone order. This is because all our items are baked to order. Please see http://www.legislation.gov.uk/uksi/2000/2334/regulation/10/made here for ‘The Consumer Protection (Distance Selling) Regulations 2000 in full.

If however we have not yet ordered ingredients for your order or started production, we may cancel your order at our discretion.

Webshop Cancellation by us
We reserve the right to cancel the contract between you and us if:

We have insufficient stock to deliver the goods you have ordered

We do not deliver to your area;

One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers

If we do cancel your contract we will notify you by e-mail and will refund any payment you have made to us within 30 days of your order

Webshop Liability for non-delivery
If you do not receive your order within 7 days of the date of despatch, we will have no liability to you unless you notify us in writing at our contact address of the problem within 14 days of the date on which you ordered the goods.

If you notify a problem to us under this condition, our only obligation will be, at your option:

To make good any shortage or non-delivery;

To refund to you the amount paid by you for the goods in question in whatever way we choose.

Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

Cancellation, postponement and alterations – Cakes

In the event of a cancellation by yourselves, charges are as follows; 

More than ninety days prior to the date = booking fee only. 

Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost. 

Less than one calendar month prior to the date = full amount 

Any payments previously made are not refundable. 

In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability we will carry the monies paid forward to the new wedding date. Please be aware that we will only do this on one occasion. Any further postponements will be classed as a cancelation. 

You may, prior to 8 weeks before the wedding day, or 7 days for celebration cakes, amend or cancel your order by providing us with written notice. In the case of alterations a new order confirmation will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation has been issued. Should you make any changes after that time there will not be a reduction in the price you pay, even if your new design is

cheaper than the original booking. 

In the unlikely event that we need to cancel your order any monies paid will be refunded. Silverleaf Cake Company reserves the right to cancel, vary or suspend the operation of this contract if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing): fire, floods, storm, plant breakdown, strike, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Silverleaf Cake Company, and Silverleaf Cake Company shall not be liable for any breach of contract resulting from such an event. 

Silverleaf Cake Company liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Silverleaf Cake Company, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim. 

Silverleaf Cake Company shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Silverleaf Cake Company statutory liability for death or personal injury arising from any negligence on Silverleaf Cake Company part or liability imposed by statutory implied terms in Consumer Contracts. 

Complaints – 

Complaints are very rare and due to the amount of work put into each individual cake we take them very seriously. 

Both Parties agree to not post any negative information about the other arising out of this Contract or Event on any online forum or website without providing advance written notice of the intended content thereof, and providing the other party with a prior opportunity to resolve any issues between the parties amicably. 

Complaints regarding the decoration of celebration cake can be easily repaired so errors of this nature must be pointed out upon delivery/collection so as to give us the opportunity to correct them. Once payment has been handed over this confirms that decoration is as requested and no further claims can be made. Wedding cake clients will be sent a detailed outline of their wedding cake prior to the wedding. It is the client’s responsibility to check that this meets with their requirements and raise any issues with us if there are any discrepancies. 

Where the complaint is in regards to the quality of the cake then the cake, or remainder of the cake/tier must be returned to us as soon as possible after cutting and within 48 hours of collection/delivery to ensure that we are able to fairly assess the nature of the complaint. 

Webshop – Provided it is returned in its original packaging and the product has not been consumed other than is reasonable to establish the quality of the product you are not happy with, we will refund the entire purchase price including the cost of postage. If your returned order is damaged, not in the original packaging or consumed more than was reasonable to establish the quality of product, we reserve the right to levy a charge commensurate with that  

loss.

Webshop – Silverleaf Cake Company liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Silverleaf Cake Company, at its discretion, considers appropriate in the circumstances and shall be limited to the value of the goods or services giving rise to the claim. 

Webshop – Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.html

Please note we can only deal with the client who placed the original order. 

General Terms 

All designs and intellectual property rights remain the property of Silverleaf Cake Company.  All images are the sole property of Silverleaf Cake Company and may not be replicated or used for commercial purposes by another party without express permission of Silverleaf Cake Company. We reserve complete title and full intellectual property rights

We reserve the right to use images of your cake and bakes for any form of advertising including web based promotions, brochures, galleries and competitions. It is advisable that you make a copy of all documentation received from Silverleaf Cake Company for your own benefit. 

This Agreement together with Order Confirmation documents provided constitute the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent that such statement, representation, warranty or understanding is incorporated into this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement, representation, warranty or understanding made prior to this Agreement. Nothing in this paragraph excludes any liability for fraudulent misrepresentation. 

In the event that any one or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted. 

The parties agree to submit to the non-exclusive jurisdiction of the English courts. 

Any headings utilised in this Agreement have been inserted for the convenience of reference only and should in no way restrict or otherwise affect the construction of the terms and conditions hereof.